Expert Determination

Expert determination is a process where an independent expert makes a legally binding decision on the issues referred to them for determination.

It’s one of the most efficient dispute resolution processes – especially for large or small disputes involving legal/and or technical matters.

Our expert determiners are highly-credentialed in their own professional fields and rigorously trained dispute resolvers.

Download the Expert Determiner Guide

What are the benefits?

Compared to more formal and structured processes like arbitration and litigation, expert determination has some of the following benefits:

  • It is fast, cost effective and efficient
  • It is a flexible process and can be tailored to suit most types of disputes
  • It can be used irrespective of whether the parties have legal representation or not
  • The procedures followed can be agreed between the parties, and/or their legal representatives, and the expert
  • It is suitable for resolving disputes in areas such as accounting, finance, valuations, engineering, and construction.


How is an expert determination commenced?

An expert determination is usually initiated in one of the following ways:

  • It can be required as the dispute resolution process in a contract or agreement between the parties
  • It can be ordered by a court or tribunal, or
  • The parties to the dispute can agree between themselves to the use of the process.

What do expert determiners do?

The expert will:

  • Discuss and agree with the parties the details of the process to be followed, including the nature and effect of the determination
  • Make orders and give directions to the parties to do or not do certain things
  • Draw on their professional knowledge and experience to evaluate the submissions and evidence provided by the parties to reach a decision on all matters referred for determination.


Can you help me find the right expert?

  • Yes. Our nomination service helps you find the right expert
  • We consider the nature, scope, and scale of the dispute and your cost expectations or constraints
  • We help to identify the professional experience and qualifications you need and check your requirements as to time, place, and budget
  • We then nominate the most suitable accredited expert.

To use our nomination services click on the button below and submit your payment.

Complete the online form Submit Payment

Can I find my own expert determiner?

You can search our online Dispute Resolver Directory to identify experts who could meet your needs. Searches can be filtered by accreditation, areas of practice and expertise, and geographic location.

Many experts work throughout Australia and overseas, and many processes can be handled remotely.

Search the directory

Resolution Institute Expert Determination Rules?

Our Expert Determination Rules are a detailed set of rules and guidelines that specify how the process can be conducted and can incorporate any pre-existing agreement between the parties.

Read Our Rules

Want to insert an expert determination clause into a contract?

Commercial contracts should have a modern and comprehensive dispute resolution clause that can facilitate timely and efficient solutions to get the contract back on track with a minimum of delay, effort, and cost.

Our clauses are free to use and may be accessed below.

Browse Our Dispute Resolution Clauses